Introduction to Legal Systems

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Questions and Answers

What are the sources of law?

Customary Law

Statutory Law

Case Law

All of the above (correct)

Define law.

Law is rules of conduct that are put into effect by state-organized and state-controlled force, accepted as law by the community.

International law only governs relationships between sovereign states.

True

Civil law is also known as _______________ law.

contract Signup and view all the answers

Match the following with their descriptions:

Substantive Law = Describes norms that regulate actual matters and outlines rights and duties. Formal Law = Refers to written laws enacted by legislative bodies within a jurisdiction. Objective Law = Reflects legal system based on objective standards or criteria. Subjective Law = Influenced by personal opinions, beliefs, or preferences. Signup and view all the answers

What is the purpose of absolute rights in legal terms?

To take effect against everyone. Signup and view all the answers

What can be considered an advantage of binding precedent?

Legal Certainty Signup and view all the answers

Relative rights take effect against everyone.

False Signup and view all the answers

Under unjust enrichment, an obligation of restitution arises when one party is unjustly enriched at the expense of another party due to _________.

without cause Signup and view all the answers

Match the following terms with their definitions:

Counteroffer = Responding to an offer with a different proposal Invitation to Treat = An indication of willingness to negotiate Direct offer = Offer communicated to the offeree who is present Relative rights = Result from a statutory or contractual obligation and take effect against the specific debtor only Signup and view all the answers

What is the definition of specific performance in legal terms?

Specific performance is a remedy where the court orders a party to fulfill their actual promise, rather than just paying money as compensation. Signup and view all the answers

Define injunction in the context of law.

An injunction is a court order that requires a party to either do something (perform an act) or stop doing something (refrain from an act). Signup and view all the answers

What is the main aim of Res Judicata in dispute resolution?

Avoid re-litigating the same issue Signup and view all the answers

Equity always takes precedence over common law.

True Signup and view all the answers

Match the following legal principles with their meanings:

Equity Shall Prevail = When there is a conflict between common law and equity, equity will take precedence. Equity Will Not Suffer a Wrong to Be Without a Remedy = Equity ensures that for every wrong, there is a suitable remedy. Equity Follows the Law = Equity respects and adheres to the established laws but steps in to provide fairness when the law is insufficient. He Who Seeks Equity Must Do Equity = Anyone asking for help from an equity court must be willing to act fairly themselves. Equity Acts In Personam = Equity’s rulings are directed at specific individuals, ordering them to do or not do something. Signup and view all the answers

Study Notes

Legal System

Law defined: Rules of conduct put into effect by state-organized and state-controlled force, accepted by the community
Civil Law: Also known as Private Law or Contract Law, deals with relationships between individuals

Sources of Law

National Sources:
- Primary Legislation: Laws enacted directly by a legislative body (e.g. parliament)
- Delegated Legislation: Laws made by an administrative body under authority conferred by statute
International Sources:
- Treaties (contracts between countries)
- Customary Law (develops organically through collective behavior and agreements)
- Case Law (principles and rules set forth in judicial findings)

Separation of Powers

Legislator: Responsible for making laws (parliament)
Judiciary: Responsible for interpreting laws and ensuring their constitutionality (courts)
Executive: Responsible for implementing and enforcing laws (government)

Civil Law and Contract Law

Freedom of Contract: Parties are generally free to enter into contracts on whatever terms they choose
Offer and Acceptance: A contract is formed when one party makes an offer and the other party accepts it
Dispositive: Modifiable by private agreements
Imperative: Not subject to modification by individuals (e.g. statutory laws mandating tax payment)
Relatively Imperative: Contrary provisions only in favor of the protected party (e.g. minimum standards protected)

Legal Traditions

Civil Law Tradition: Derived from Roman law (e.g. French, German, Austrian legal systems)
Common Law Tradition: Originated in England (e.g. English, American, Australian legal systems)
Bijuridical: Combination of civil and common law (e.g. South African, Israeli legal systems)
Customary Law: Develops organically through collective behavior and agreements (e.g. indigenous legal systems)
Fiqh: Islamic legal tradition

Legal Systems and Cross-Border Conflicts

Jurisdiction: Authority given to a court to decide a case
Applicable Law: Specific substantive law that governs a conflict
Arbitration: Procedure in which a dispute is submitted to one or more arbitrators who make a binding decision

Common Law Tradition

Historical Development: Divided into four periods, including the Norman Conquest (1066) and the development of equity
Defects of Common Law: Limitations in providing effective remedies, imbalance of power
Rules of Equity: Ensure fairness and justice, including:
- Equity shall prevail
- Equity will not suffer a wrong to be without a remedy
- Equity follows the law### Equity
Anyone seeking help from an equity court must be willing to act fairly themselves (He who seeks equity must do equity)
Equity rulings are directed at specific individuals, ordering them to do or not do something, focusing on personal obligations and responsibilities (Equity Acts In Personam)

Binding Precedent, Ratio Decidendi, Obiter Dictum, and Res Judicata

Binding Precedent (Stare Decisis): courts follow decisions made in previous cases to ensure consistency and predictability in the law
Ratio Decidendi: the legal principle or rationale behind a court's decision, which is binding on lower courts in future similar cases
Obiter Dicta: comments made by a judge that are not essential to the decision, not binding in future cases but can be persuasive
Res Judicata: a principle that means once a final decision has been made in a case, the same parties cannot litigate the same issue again in the future

Distinctions

Distinction between Binding Precedent and Res Judicata
- Binding Precedent: developing law, aimed at dispute resolution and developing the law
- Res Judicata: aimed at dispute resolution, prevents relitigating the same issue
Distinction between Ratio Decidendi and Obiter Dictum
- Ratio Decidendi: fundamental reasons, binding, and essential to the decision
- Obiter Dictum: non-binding, side comments or opinions by judges not necessary for the decision

Techniques to Handle the Ratio

Following: a superior court follows the decision of an inferior court, approving the decision
Distinguishing: a technique used to avoid overruling, pointing out differences between the current case and the previous one
Overruling: depriving a prior decision of its power to bind any court in the future, essentially rejecting or changing the law established by a previous case

Advantages and Disadvantages of Binding Precedent

Advantages:
- Legal certainty and predictability
- Precision in legal decision-making
- Practicality, grounded in reality
Disadvantages:
- Rigidity, limiting a judge's discretion
- Complexity, resulting in an overwhelming body of precedent

Civil Law Tradition

Torts: a person who suffers damage may receive compensation from someone responsible or liable for those injuries
Unjust Enrichment: one party is unjustly enriched at the expense of another, resulting in an obligation of restitution

Absolute and Relative Rights

Absolute Rights (Rights in Rem or Title Rights): take effect against everyone, e.g. ownership
Relative Rights: result from a statutory or contractual obligation, taking effect against a specific debtor only, e.g. contract

Contracts

The life span of a contract includes:
- Negotiation period: pre-contractual obligations, duties to inform, care, and protect
- Contract conclusion to termination: contractual obligations, principal and ancillary duties, liabilities
- After termination: subsequent obligations, duties to inform, care, and protect, obligation to maintain confidentiality
Freedom of Contract: individuals are free to determine whether to conclude a contract, with whom, and with what content
Possibility: no valid contract if performance is clearly impossible from the start
No conflict with law or moral principles
Form requirements: sometimes additional formal requirements must be met to form a valid contract

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Description

This quiz covers the basics of legal systems, including the definition of law, rules of conduct, and civil law. Test your understanding of legal capacity and the importance of following rules in maintaining social order.